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498 Third Report of the Chancery Commissioners.London Corporation Bill. dence to be used at the hearing of the causes 67. Jurisdiction of Sheriffs Courts abolished, would in all cases be taken in the mode in except as to proceedings under the City Small which it is now taken, where neither party re- Debts Act, 15 Vict. c. Ixvii. quires it to be taken orally, but with this dif- 68. The recorder of the city shall be the sole ference, that either party would have the Judge of the said Lord Mayor's Court: Propower to examine orally reluctant or hostile vided always, that the common serjeant of the witnesses, and to examine or cross-examine city may act as Judge of such Court instead upon interrogatories instead of putting the of the recorder, whenever the recorder is abquestions orally, if he should prefer that course sent from such Court, and when the office of of proceeding.

recorder is vacant. " The Commissioners have no doubt that 69. No Commission of Error shall issue out this change would greatly relieve the examiners, of Chancery to review any judgment or proand they think it probable that it would ren- ceeding of or in the said Lord Mayor's Court. der unnecessary an increase in the number of

Appeal to Superior Courts. examiners. “The Commissioners are also of opinion,

70. If either party appearing on the trial of that the cross-examination and re-examination any cause in the said Lord Mayor's Court be of the witness or witnesses in a cause brought of the said Lord Mayor's Court in point of

dissatisfied with the determination or direction up for examination ought to be continuous, law, or upon the admission or rejection of any and that if for want of proper notice or other- evidence, such party may appeal from the

same wise, such continuous examination should in. terfere with other appointments made for other to any of the Courts of Common Law at Westcauses, the examiners should mutually assist 10 days after such determination or direction,

minster, provided that such party do, within each other, so as to dispose with as little delay give notice of appeal to the other party or his as possible of such matters, and a note should attorney, and also to give security to be ap; be kept of every such case, and of the arrange- proved" of by the registrar of the said Lord ments made to obviate the inconvenience, Mayor's Court, for the costs of the appeal, which should be transmitted to the Lord Chan- whatever be the event of the appeal, and for cellor. Expense would also, in some cases, be fendant and the appeal be dismissed; provided

the amount of the judgment, if he be the de'saved by allowing a defendant to give notice of nevertheless, that such security, so far as rehis intention to read his answer as evidence for himself, instead of filing an affidavit to the gards the amount of the judgment, shall not same effect; but in case of such notice being such Court has ordered the party appealing to

be required in any case where the Judge of given, the defendant should be liable to crossexamination orally, as if he had filed an afli- pay the amount of such judgment into the davit.

hands of the registrar, and the same has been “ No alteration is proposed with reference to heard and determined in Term by the Judges

paid accordingly; and such appeal shall be evidence on motions for decree, in which the of the Court to which the appeal is brought, as plaintiff adduces his evidence, and furnishes it to the defendant, before the latter is called out of Term by any two of such Judges sitting

part of the ordinary business of such Court, or upon to bring forward any evidence to rebut the plaintiff's case.

as a Court of Appeal for that purpose ; and “The Commissioners beg to add that the trial, on such terms as it shall think fit, or may

the Court of Appeal may either order a new proposals now made must be considered as order judgment to be entered 'for either party, tentative merely; it being their opinion that by experience alone can the most eligible sys- with respect to the costs of the said appeal as

as the case may be, and may make such order tem be determined.

such Court may think proper; and such order “They also wish to state, that if it is desired

shall be final. by the Lord Chancellor, they will embody their views on these subjects in a formal report case agreed on by both parties or their attor.

71. Such appeal, shall be in the form of a to her Majesty'. ' Lincoln's Inn, August, 1854.”

neys; and if they cannot agree, the Judge of the said Lord Mayor's Court, upon being ap

plied to by them or their attorneys, shall settle LONDON CORPORATION BILL.

ihe case, and sign it; and such case shall be

transmitted by the appellant to the rule depart[Concluded from p. 483, ante.] ment of the Masters Office of the Court to Central Criminal Court, Lord Mayor's Court, which the appeal is brought. &c.

72. Power to Judges of Superior Court to 64. Repeal of enactment constituting lord regulate proceedings on appeals! mayor and aldermen Judges of Central Criminal

Conservators of the Thames. Court.

73. The Lord Mayor for the time being, the 65. Hustings Court abolished, Mayor's first Commissioner for the time being for exeCourt to have the jurisdiction of abolished cuting the office of Lord High Admiral, the Court.

President for the time being of the Committee 66. Records of Court of Hustings to be of Council appointed for the consideration of placed in custody of town clerk.

matters relating to trade, and foreign planta

[blocks in formation]

tions, such one of the Commissioners for the 81. Exclusive privileges of watermen’s comtime being of her Majesty's Woods and Forests, pany abolished, &c. and Land Revenues as the Commissioners of her Majesty's Treasury shall from time to time

Compensation to Officers. appoint for this purpose, and the Deputy Mas- 82. Every officer of the city in any office of ter for the time being of the Corporation of the profit at the time of the passing of this Act, Trinity House of Deptford Strond, shall be and whose office is abolished, or who is removed be styled “ The Conversators of the River from his office under the provisions of this Thames and Port of London,” and shall by Act, shall be entitled to have an adequate that name be a body corporate, and have per compensation, to be assessed by the common petual succession and a common seal, and sue council, and paid out of the revenues of the and be sued, and have power and authority, corporation, except in the case of any office without any licence in mortmain, to take, pur- connected with the city police, and in such chase, and hold land for the purposes of this case out of the police rate of the city, for the Act.

salary, fees, and emoluments of the office which 74. Powers of conservators may be exercised he so ceases to hold, regard being had to the by three of thern.

mavner of his appointment to the said office, 75. All duties, powers, authorities, rights, and his term or interest therein, and all other and privileges now vested in the corporation or circumstances of the case; and every person in the lord mayor for the time being, in respect entitled to such compensation as aforesaid shall of the office of bailiff and conservator of the deliver to the town clerk, or in case such perRiver Thames and Medway, and all duties, son be himself town clerk then to the chamber. powers, authorities, rights, and privileges what. lain of the city, a statement under the hand or soever now vested in the corporation, or the such person setting forth the amount received lord mayor for the time being, or the common by him or his predecessors in every year during council, or any committee or committees there the period of five years next before the passing of in relation to the conservancy improvement, of this Act on account of the salary, fees, emoand navigation of the said rivers or either of luments, profits, and perquisites in respect them, or any waters connected therewith, and whereof he claims such compensation, distinin relation to the regulation of the Port of Lon- guishing the office, place, situation, employdon, are hereby vested in the conservators of ment, or appointment in respect whereof the the River Thames and Port of London consti- same have been received, and containing a tuted by this Act, to be by them exercised and declaration that the same is a true statement enjoyed within the same local limits, and under according to the best of the knowledge, inforand subject to the same restrictions, as such mation, and belief of such person, and also duties, powers, authorities, rights, and privi- setting forth the sum claimed by him as such leges may now be exercised by the said cor- compensation; and the town clerk or champoration, lord mayor, common council, com- berlain, as the case shall be, shall lay such mittee or committees respectively.

statement before the common council, who 76. Provided always, that all byelaws and all shall take the same into consideration, and appointments of officers respectively made by determine thereon; and immediately upon the corporation or lord mayor in exercise of such determination being made the person any of the said powers and authorities aforesaid preferring such claim, if he he not himself the shall continue until altered or revoked by the town clerk, shall be informed thereof by notice said conservators established by this Act. in writing under the hand of the town clerk ;

77. All property, matters, aud things what- and in case such claim be admitted in part and soever vested in the corporation or lord mayor, disallowed in part, such notice shall specify in connexion with any duties, powers, or au- the particulars in which the same has been adthorities hereby transferred to the said conser. mitted and disallowed respectively; and in case vators, shall be vested in them; and all debts the person preferring such claim think himself and securities which the corporation or lord aggrieved by the determination of the common mayor would have been liable to pay or dis- council thereon, or in case one-third of the charge out of any such property, or any tolls, members of the common council subscribe a dues, or other moneys which they or he would protest against the amount of compensation or might have received if this' Act had not allowed by the determination of the cominon been passed, shall be paid and discharged in council as excessive, it shall be lawful for the like manner out of the said property hereby person preferring such claim, or any member vested in the said conservators, and the like of the common council who subscribes such tolls, dues, and moneys to be received by the protest, to appeal to the Commissioners of her said conservators under this Act.

Majesty's Treasury, who shall thereupon make 78. Stocks and securities arising under 4.& such order, under their hands, as to them shall 5 Wm. 4, c. 32, and other securities and moneys seem just; and such order shall be binding on connected with the conservancy, &c., to he all parties : Provided always, that if the comtransferred and paid as the Treasury may di- mon council do not determine on such claim rect, upon trust for the said conservators. within six months after the aforesaid statement

79. No erection to be made on the river is delivered to the town clerk or chamberlain, without the consent of the conservators. as the case shall be, such claim shall be con

80. Conservators may erect piers and land- sidered as admitted : Provided also, that it ing places.

DD 5

c. 38.

500 Report of the Library Committee of the House of Lords.- New Statutes. shall not be lawful for any member of the acknowledging her valuable gift, and informcommon council to subscribe such protest as ing her of the manner in which it is proposed aforesaid except within such period of six to dispose of the same. months : Provided also, that the person pre- 2nd. That the Clerk of the Parliaments be ferring such claim, if any member of the com- requested to write to the Lords of the Treasury mon council so require, upon receiving notice requesting them to take such steps as may be in writing signed by the town clerk, unless necessary to increase the accommodation for such person be himself town clerk, in which the books belonging to the House, by placing case no such notice shall be requisite, shall closed presses in the corridor adjoining the from time to time attend at any meeting or Library: adjourned meeting of the common council for 3rd. That the copy of the “Brevets d'Inventhe investigation of such claim, and then and tion," and Indexes thereto, in the Library of there, upon his oath or solemn affirmation, to the House, be lent to the Commissioners of be taken or made before the lord mayor (who Patents for Inventions, to be placed by them is hereby authorised to administer the same), in the Library of the Patent Office for the use shall answer all such questions as shall be of the Public. asked by any member of the common council 14th April, 1856. touching the matters set forth in the statement subscribed by such person as aforesaid, and NEW STATUTES EFFECTING ALTEproduce all books, papers, and writings in his

RATIONS IN THE LAW. possession, custody, or power relating thereto.

83. Compensation to be secured by bond under common seal.

TURNPIKE TRUSTS ARRANGEMENTS. 84. Repeal of Acts, customs, and charters

19 Vict. c. 12. inconsistent with this Act.

The preamble recites the 14 & 15 Vict. 85. When the day on which any meeting or Act is by this Act appointed to be holden or

Provisional orders in schedule confirmed ; done happens to be Sunday, Good Friday, or Christmas Day, or a day appointed by Royal

sect. 1. Proclamation as a day of solemn fast or a day of thanksgiving, the same shall be holden or The following are the Title and Section done on the day next following which does not of the Act :happen to be one of the days aforesaid. An Act to confirm certain Provisional Orders

86. Interpretation of terms :-“the city," made under an Act of the Fifteenth Year of “the corporation,” “the common council," her present Majesty, to facilitate Arrange* lord mayor.”

ments for the relief of Turnpike Trusts.

[11th April, 1856.]

Whereas, in pursuance of the Act of the 15 LIBRARY COMMITTEE OF THE Vict. c. 38, “ to facilitate Arrangements for the HOUSE OF LORDS.

Relief of Turnpike Trusts, and to make certain
Provisions respecting Exemptions from Tolls,"

certain provisional orders have been made by LORD TRURO'S LAW LIBRARY.

the Right Honourable Sir George Grey, one By the Lords Committees appointed a Select of her Majesty's principal Secretaries of State, Committee to consider of certain matters rela- for reducing the rate of interest, and for er. tive to the Library of this House, and to the tinguishing in certain cases the arrears of inPapers and Documents delivered for their terest, on the mortgaged debts charged or seLordships' House; and to whom was also re- cured on the tolls or revenues of certain turnferred a Letter from Lady Truro, dated 6th pike roads, and such orders have been pubMarch, 1856, offering to present to this House lished in the London Guzette, and in newsthe Library of Law Books belonging to the papers circulating in the neighbourhood of late Lord Truro; and to report to the House ; such roads, and the dates of such provisional and to whom leave was given to report from orders, and the Acts under which the tolls or time to time to the House ;

revenues on which such debts are charged or Ordered to report,

secured are levied or raised, together with the That the Committee have met and have con- amount to which the rate of interest on such sidered the subject matter referred to them, debts is to be reduced, and the day up to which and have agreed to the following resolutions; the interest and arrears of interest on such viz. :

debts are to be extinguished by such orders, 1st. That the Committee thankfully accept are mentioned in the Schedule to this Act : for the House the collection; and in order to And whereas it is expedient that the said propreserve the same in remembrance of the legal visional orders should be confirmed and made attainments of the late Lord Truro, recommend absolute : Be it iherefore enacted as follows: that it be placed together in one of the apart- 1. That the said provisional orders are herements of the Library, and that every book be by confirmed and made absolute, and shall be marked as belonging to the Truro collection; as binding and of the like force and effect as if and that the Marquis of Lansdowne be request the provisions thereof had been expressly ened to write a letter to the Lady Truro, duly acted by Parliament.

REPORT OF THE

New Statutes effecting Alterations in the Law.

501 SCHEDULE Date

Amount

Interest Arrears of Inof Pro

of

to be terest to be exvisional TITLE TO LOCAL ACT.

Principal

reduced to the tinguished to Order.

Debt.

following Rates the following per Annum.

Dates. 1855.

£ S. d. Sept. 10. 10 Geo. 4, c. 23, “An Act for repairing

the Road from Stockershead, at the
top of Charing Hill, to a place called
Bagham's Cross in the parish of Chil-

ham in the county of Kent” 2,075 0 0 21. per Cent. 31st Dec. Sept. 10. + Geo. 4, c. 85, “An Act for more ef

1853, fectually repairing the Road from the

(except the South End of Brown's Lane in the

Sum of 157. parish of Great Staughton in the county of Huntingdon, to the Bedford T'urnpike Road in the parish of Lavendon in the county of Bucking

1,452 0 0 31. per Cent. 31st Dec. Sept. 10. Ditto. So far as the same relates to

1854. the Risely District .

1,325 0 0 31. per Cent. 31st Dec. Nov. 12. 6 Geo. 4, c. 151, “An Act for more ef

1854. fectually improving the Roads from Barnsley Common to Grange Moor and White Cross, and for making a deviation of the said Roads from or near to Redbrook in the township of Barugli to Barnsley, all in the West

Riding of the county of York”. Dec. 7. 6 Geo. 4, c. 101, “ An Act for more ef: 4,960 0 21. 10s. per No Arrears

. 1 extinguished. fectually repairing the Road from Greenhill Moor to Hernstone Lane, Head Road near Stony Middleton, and other Roads therein-mentioned, in the county of Derry and in the West Riding of the county of York; and for making an Extension and

Branch of Road therefrom ” : 10,112 2 0 41. per Cent. 31st Dec. Dec. 17. 6 Geo. 4, c. 15, “An Act for more ef

1855. fectually repairing the Road from Bramcote Odd House in the county of Nottingham to the Cross Post upon Smalley Common in the county of Derby, and from Ilkeston to Heanor in the said county of Derby, and from

,
Dec. 17. 6 Geo. 4, c. 24, “An Act for more ef-

fectually repairing the Road from
Grantham, in the county of Lincoln,
to Nottingham Trent Bridge in the
county of Nottingham ”

10,535 2 0 31. per Cent. 27th Jan, Dec. 17. 57 Geo. 3, c. 3, “An Act for continuing

1856.
the Term and enlarging the Powers of
two Acts of the 17 & 38 Geo. 3, for re-
pairing the Roads from Henfield to
Brighthelmstone, and from Poyning's
Common to High Cross in the county
of Sussex; and for repealing so much
of the said Acts as relates to certain

No Arrears parts of the said Road”.

3,134 10 0 31. per Cent. Dec. 17. 9 Geo. 4, c. 74, “An Act to alter, amend,

extinguished. and enlarge the Powers and Provisions of several Acts relating to the Road from Chester to Northop in the

No Arrears county of Flint

5,50 0 0 31. per Cent.

extinguished

[graphic]

502

Married Women's Reversio:rary Interest Bill.- Review : Amos's Ruins of Time. MARRIED WOMEN'S REVERSION- singular title for a law book, but it seems ARY INTEREST BILL. to have been chosen by the learned Author

to indicate the rast changes which have The Bill of Mr. Malins (see 51 L. 0.381), taken place in the Criminal Law of England for enabling married women to dispose of re- from the time of Sir Matthew Hale, and versionary interests in personal estate, appears the publication of his great standard work, to amount to this:-Every married women may dispose of every future or reversionary interest,

The History of the Pleas of the Crown." in any personal estate, as effectually as if she Mr. Amos states his .object to be that of were a feme sole ; except such as inay have contributing a few results of experience and been settled on her by any settlement or agree reflection towards the adoption of a Code ment made on the occasion of her marriage. of Criminal Law, by which is meant “a

This would enable a married woman to dis- consolidation conjointly of the Common pose of any reversionary interest in personally Law and of the Statute Law, with its judevolving on her by will, whatever the festric- dicial constructions, according to a scientific tions on alienation or anticipation might be. This would be highly dangerous ! Take, as of arrangement, terminating all controverted frequent occurrence, the case of a testator be- questions, and expressed in a manner suitqueathing stock to trustees, for his wife, for able to the legislation of the present day; life; then for his married daughter, for her together with such amendments as are obri. life, strictly without power to alien or antici- ously dictated by justice and expediency." pate; and then to her testamentary appoin- The Author has thus addressed his tees; and for want of such, to her children. readers on the history and present state of All her father's anxious efforts to secure her the Criminal Law, in order that the labours against the evils of poverty may be frustrated; of the Legislature may be directed to that the intended Statute exposing her to the hazard, bordering on certainty, that her hus- part of the subject, which seems practicable band, if worthless, will squander her father's within a moderate period, instead of wasting provision; or, probably, depriving her of the time on a project that may occupy a century power of providing for herself and (if worthy or more to carry into effect. and unfortunate) her liusband also.

The work is remarkable, not only for its The original intention to assimilate reversions legal research, learning, and acuteness, but in personalty to reversions in realty, was ju- its literary merit and scientific arrangement. dicious; but the making of them dissimilar, It is peculiarly valuable at the present time alises its value) more alienable than personalty amidst the various plans for consolidating in possession, in numberless cases will prove a

the Statutes. positive cruelty,---such as the worthy member Mr. Amos observes, thatwho proposed it would surely grieve to inflict The objection to the proposed enactment

“The indefinite and unnecessary delay of might be removed by substituting (section 1) tarrying for a consolidation of the entire for the words “if she were a fene sole," the Statute-Book, is rendered more disheartening words “if the same were real estate ;" or by in prospect, by a reflection on the principles substituting for Clause 4 a Clause to the fol. according to which it is intended that the lowing effect :

work shall be executed. It is proposed to cut "Provided always, that anything in this Act of all provocatives to controversy, by giving contained shall not empower any married the Legislature back its own ipsissima verba ; woman to part with, incumber, or anticipate and leaving undetermined all questions that any reversionary interest in any property sub- may have divided the legal world, and are ject to specific restrictions, further than she stumbling-blocks to the community. But to could do if the same were an interest in pos- republish Statutes, without incorporating the session and subject to the like restrictions."

substance of the principal decisions of the Courts, whereby their obscurities have been

cleared up, or may have been made the subNOTICES OF NEW BOOKS. jects of unsettled controversy, or whereby thair

texts may have been eaten out, narrowed, enRuins of Time exemplified in Sir Matthew larged, or distorted, is not to promulgate the

, Hale's History of the Pleas of the Crown.

“ Enactments may be repealed indirectly as By ANDREW Amos, Esq., Downing Pro- well as expressly, and, after being expressly fessor of the Laws of England in the repealed, may, according to some opinions, University of Cambridge, and late Mem- have been resuscitated by the repeal of a reber of the Supreme Council of India. pealing Act; besides which there are to be London : Stevens and Norton; Cam- found what King James called cross and bridge: Deighton, Bell, & Co. 1856. cuffing Statutes; '-knots which the Legisla

ture has cut in the case of the Criminal Pp. 268.

Statutes. What then becomes of the boast of “The Ruins of Time" is a somewhat any consolidator, that he will present to Par

a

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